# C_2020433EN.01001101.xml

| 14.12.2020 | EN | Official Journal of the European Union | C 433/11 |
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14.12.2020

EN

Official Journal of the European Union

C 433/11

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Judgment of the Court (Ninth Chamber) of 22 October 2020 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — Sportingbet PLC, Internet Opportunity Entertainment Ltd v Santa Casa da Misericórdia de Lisboa

(Case C-275/19) (1)

(Reference for a preliminary ruling - Procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services - Notion of ‘technical regulation’ - Obligation on Member States to notify the European Commission of all draft technical regulations - Technical regulations which have not been notified cannot be enforced against individuals - Inapplicability to service providers)

(2020/C 433/11)

Language of the case: Portuguese

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings

Applicants: Sportingbet PLC, Internet Opportunity Entertainment Ltd

Defendant: Santa Casa da Misericórdia de Lisboa

Intervening parties: Sporting Clube de Braga, Sporting Clube de Braga — Futebol SAD

Operative part of the judgment

| 1. | Article 1(5) of Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Council Directive 88/182/EEC of 22 March 1988, must be interpreted as meaning that national legislation which provides that the right to operate games of chance is reserved to the State and may be exercised only by undertakings that are established as public limited companies, to which the Member State concerned awards the corresponding concession, and which lays down the conditions and the zones for exercising that activity does not amount to a ‘technical regulation’ within the meaning of that provision; |
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1.

Article 1(5) of Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Council Directive 88/182/EEC of 22 March 1988, must be interpreted as meaning that national legislation which provides that the right to operate games of chance is reserved to the State and may be exercised only by undertakings that are established as public limited companies, to which the Member State concerned awards the corresponding concession, and which lays down the conditions and the zones for exercising that activity does not amount to a ‘technical regulation’ within the meaning of that provision;

| 2. | Article 1(11) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998, read in conjunction with Article 1(5) of that directive, as amended, must be interpreted as meaning that national legislation which provides that the exclusive right to operate certain games of chance awarded to a public entity for the entire national territory is to include such operations on the internet constitutes a ‘technical regulation’ within the meaning of the first of those provisions, and the failure to communicate that regulation to the European Commission, in accordance with Article 8(1) of that directive, as amended, makes that legislation unenforceable against individuals. |
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2.

Article 1(11) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998, read in conjunction with Article 1(5) of that directive, as amended, must be interpreted as meaning that national legislation which provides that the exclusive right to operate certain games of chance awarded to a public entity for the entire national territory is to include such operations on the internet constitutes a ‘technical regulation’ within the meaning of the first of those provisions, and the failure to communicate that regulation to the European Commission, in accordance with Article 8(1) of that directive, as amended, makes that legislation unenforceable against individuals.

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(1)  OJ C 206, 17.6.2019.

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